The purposes of this article are:
A.
To allow for reasonable use of legally created lots of record that
do not meet current minimum requirements for their respective zoning
districts.
B.
To provide for reasonable use of legally constructed structures that
do not meet current site development regulations for their respective
zoning districts.
C.
To allow for the reasonable continuation of legally established uses
that do not meet current use regulations for their respective zoning
districts.
D.
To limit the continuation and provide for the gradual replacement
of nonconforming uses.
Regulations for nonconforming uses are in addition to regulations
for nonconforming structures. In the event of a conflict, the most
restrictive regulation shall apply.
A.
Preexisting lots of record. Nonconforming lots of record existing
at the time of the adoption of this chapter shall be exempt, unless
otherwise provided, from the minimum lot area and lot width requirements
of each zoning district. Such lots may be developed with any use allowed
by the regulations for the district and must comply with all other
site development regulations set forth by the zoning regulations.
B.
Reductions due to public acquisition. If a portion of a legally existing
lot in any district is acquired for public use, the remainder of this
lot shall be considered a conforming lot.
These regulations apply to buildings and structures that were
constructed legally under regulations in effect before the effective
date of these regulations or any amendments thereto making a structure
nonconforming.
A.
Continuation. A lawful nonconforming structure existing on the effective
date of this section may be continued, repaired, maintained, or altered,
subject to the provisions of this section.
B.
Additions or enlargements to nonconforming structures.
(1)
A lawful nonconforming structure may be added to or enlarged
if the addition satisfies one or more of the following conditions:
(a)
The enlargement or addition, when considered independently of
the existing building, complies with all applicable setback, height,
off-street parking, and landscaping requirements.
(b)
The nonconforming building and impervious surface coverages
on the site are not increased and the building, after the addition,
conforms to height and off-street parking regulations applicable to
its zoning district.
(c)
The addition projects no further into a required side yard setback
than the existing building; the length of the side wall of the addition
is the smaller of 25 feet or 50% of the length of the existing nonconforming
side wall; and the enlarged building complies with building and impervious
coverage, front and rear yard setbacks, and height regulations applicable
to its zoning district.
(2)
No permitted addition to a nonconforming structure may place
a wall within 10 feet of a window of an adjacent preexisting residential
structure.
(3)
Nonconforming buildings shall be limited to one addition or
enlargement pursuant to these regulations.
C.
Moving of nonconforming structures. A lawful nonconforming building
or structure shall not be moved in whole or in part to another location
on its lot unless every part of the structure conforms to all site
development regulations applicable to its zoning district.
D.
Repair of nonconforming structures. A lawful nonconforming building
damaged by fire, explosion, storm or other calamity, except flood
damages, may be repaired and reconstructed, provided there is no increase
in the degree of nonconformity.
E.
Conversion of a conforming building. A conforming building shall
not be changed in any way that will result in a nonconforming development.
F.
Applicability of landscaping and screening regulations. A preexisting structure, building, or development shall be exempt from Article 33, Landscaping and Screening Standards. However, any expansion of such structure, building, or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of these regulations shall be subject to Article 33.
A.
Continuation of nonconforming uses.
(1)
Any nonconforming use lawfully existing on the effective date
of these regulations may continue, subject to the limitations of this
section.
(2)
Whenever the use of a premises becomes nonconforming through
a subsequent change in the Unified Land Development Ordinance or zoning
district boundaries, such use may be continued or changed to another
nonconforming use of the same or lesser intensity if approved by the
City Council at a public hearing following a public hearing by the
Planning Commission, including its recommendation to the City Council.
B.
Change of nonconforming uses. A nonconforming use may be changed
to another nonconforming use of the same or lesser intensity, as measured
by the impact rating in the Use Matrix,[1] provided an application for such change is first approved
by the City Council after public hearing and recommendation of the
Planning Commission.[2]
[1]
Editor's Note: The Use Matrix is included as an attachment to this chapter.
C.
Enlargement of nonconforming uses. A building or structure housing
a lawful nonconforming use may not be added to or enlarged.
D.
Abandonment of nonconforming use.
(1)
If any structure or property used as a lawful nonconforming
use becomes vacant or unused for a continuous period of 12 months,
any subsequent use must conform to all use regulations applicable
to the property's zoning district.
(2)
If a structure housing a nonconforming use converts to a conforming
use, it forfeits any further claim to nonconforming use rights.
E.
Allowance for repairs. Repairs and maintenance of a structure occupied
by a nonconforming use may be made, provided that no structural alterations
are made other than those required by law.
F.
Damage or destruction of structures. Should a structure occupied
by a lawful nonconforming use be damaged to the extent that the cost
of restoration exceeds 60% of the replacement cost of the structure,
the nonconforming use shall no longer be permitted.
G.
Nonconforming uses and conditional use permits. A lawful preexisting use that requires a conditional use permit in its zoning district shall be presumed to have the appropriate permit and shall be considered a conforming use. The use shall be subject to the regulations governing lapses or revocation of permits, set forth in Article 44.[3]
